Are Professional Deputies Worth It?

In the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust, the Court was looking at what damages a 24 year old with severe cerebral palsy ought to receive. One of those areas was the cost of a professional Deputy.

The family were helpful and supportive but did not have a lot of financial experience. JR, although he lacked capacity to manage his own affairs, certainly had the capacity to have input and the Deputy would need to consult him about decisions as well as working with the family.

The claimant claimed annual management costs starting with £30,605 plus two visits for the first year, down to £11,232 plus one visit for year five and onwards. The defendant's view of costs was very different; £14,000 for the first year inclusive of two visits, down to £7,000 for year five onwards including one visit. The Court much preferred the claimant's view of what the Deputy would have to do as well as the way it was set out and awarded sums extremely close to those claimed by the claimant plus an extra contingency fund of £38,160 for matters such as Wills, cohabitation or pre-nuptial agreements and crises.

At the other end of the spectrum, do you remember Cathy Svendsen? Her daughter, Samantha, received medical negligence compensation of £2.6m. Cathy was appointed as Deputy rather then a professional, but unfortunately she was not one of the many selfless caring family members who do their best for their child. Instead, it was reported that she and her ex-husband bought holidays, houses (including a villa), a pink Mini Cooper and breast enlargements.

You would think after all that Svendsen might have had enough of the limelight. However, her daughter has now died and, not surprisingly, her Will provided that her estate (now worth a rather reduced £160,000) did not go to Cathy, who has hit the headlines again by indicating that she will challenge the Will.

These days, the Court of Protection would generally not consider family members appropriate where substantial damages for personal injury have been awarded. In the matter of PNB between RS and DG and JG [2014] EWCOP 42:

If a person needs a Deputy as a result of the injury they have...